TERMS & CONDITIONS FOR SUPPLY OF GOODS
- THESE TERMS
1.1 These terms and conditions govern your use of our website (http://www.dcr.world) your access to, and undertaking and use of our services, your relationship with Diamond Cut Refinishing Limited and the rights, obligations and responsibilities of all parties to this Agreement. Your attention is drawn to Clauses 10,11,12, 13 & 16.
1.2 If any legislation, to include regulations and directives, is compulsorily applicable to any business undertaken, these conditions shall, as regards such business, be read as subject to such legislation, and nothing in these conditions shall be construed as a surrender by the Company of any of its rights or immunities or as an increase of any of its responsibilities or liabilities under such legislation, and if any part of these conditions be repugnant to such legislation to any extent, such part shall as regards such business be overridden to that extent and no further.
1.3 You can access your order details and these terms and conditions at any time online from our website, but we recommend that you store a copy of these terms on your computer or device for your reference offline.
1.4 If you agree to these terms and conditions, you should proceed with a deposit, an order with us to which these terms and conditions will apply.
1.5 If you do not agree to our terms and conditions, then you must not continue with the purchase of our Products.
1.6 If you have any questions about these terms and conditions, please contact us using the details in clause 2.1.
- WHO WE ARE AND HOW TO CONTACT US
“We/Us” means Diamond Cut Refinishing Limited, a company registered in England and Wales under company no: 10503352 and VAT registration no.261 196 408 whose registered office is at Leydene House, Waterberry Drive, Waterlooville, PO7 7XX;
2.1 How to contact us. You can contact us by telephoning us on +44 (0)23 9298 3702 (Mon-Fri 9am-5pm, emailing us at email@example.com or by writing to us at Unit E2, Voyager Park, Portfield Road, Portsmouth, Hampshire, PO3 5FL;
2.2 How we may contact you. If we have to contact you, for reasons including, but limited to, our contractual obligations under the legislation outlined in Clause 17, we will do so by telephone or by writing to you at the email address or postal address you provide to us in your order.
2.3 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
- CONDITIONS OF SALE
3.1 In these terms and conditions:
“Products” means goods sold by the us;
“You” means a customer of Diamond Cut Refinishing Limited for the purchase of our Products.
3.2 These terms and conditions will apply to and be deemed to be incorporated in all contracts for the sale of Products by us to you and shall override any terms proffered by you in respect of any order for Products. If not otherwise incorporated into the contract, these terms and conditions shall be deemed to be accepted and incorporated into the contract by you accepting delivery of the Products which are the subject of that contract. No variation to these terms and conditions shall be binding unless agreed in writing between the authorised representatives of you and us. References to any contract between you and us for the supply of Products shall include these terms and conditions.
3.3 Our employees or agents are not authorised to make any representations concerning the Products unless confirmed by us in writing. In entering into any contract for the supply of the Products, you acknowledge that you do not rely on any such representations which are not so confirmed, but nothing in these terms and conditions affects the liability of either party for fraudulent misrepresentation.
3.4 Any advice or recommendation given by us or our employees or agents to you or your employees or agents as to the use of the Products which is not confirmed in writing by us is followed or acted on entirely at your own risk and accordingly we will not be liable for any such advice or recommendation which is not so confirmed.
- OUR ORDER PROCESS
4.1 You may place an order for our Products either over the telephone on +44 (0)23 9298 3702 or in our store which is located at Unit E2, Voyager Park, Portfield Road, Portsmouth, Hampshire, PO3 5FL (“Platforms”). Information on our order processes for each of these Platforms is set out in Clauses 5-7.
4.2 All information on the Platforms is an invitation to treat only and is not an offer or unilateral contract. You agree that your order is an offer to purchase the Products listed in your order from us in accordance with these Terms and Conditions. All orders submitted by you are subject to acceptance by us.
4.3 You shall be responsible to us for ensuring the accuracy of the terms of any order you submit and for giving us any necessary information relating to the Products within a sufficient time to enable us to perform the particular contract in accordance with its terms.
4.4 The quantity, quality and description of the Products and any specification for them shall be as set out as in our quotation (if accepted by you) or the your order (if accepted by us).
4.5 We reserve the right to make any changes in the specification of the Products which are required to conform with any applicable statutory or EU requirements or which do not materially affect their quality or performance.
4.6 When we have received your order via any of the Platforms outlined in Clause 4.1 we may contact you to say that we do not accept your order. This is typically for the following reasons:
(a) the Products are unavailable;
(b) we cannot authorise your payment;
(c) you are not allowed to buy the Products from us;
(d) we are not allowed to sell the Products to you;
(e) there has been a mistake on the pricing or description of the Products.
4.7 We will only accept your order when we email you a Deposit Payment:
(a) a legally binding contract will be in place between you and us; and
(b) we will dispatch (or hand over) the Products to you.
- ORDERING PRODUCTS IN STORE
5.1 Below, we set out how a legally binding contract between you and us is made when you purchase Products in store.
5.1.1. Any quotation given by us before you make an order for our Products is not a binding offer by us to supply such Products.
5.1.2. When you decide to place an order for Products with us, this is when you offer to buy Products. We will acknowledge your order in store but this acknowledgement does not, however, mean that your order has been accepted.
5.1.3. We may not accept your order for the reasons set out in clause 4.6.
5.1.4. We will only accept your order when we confirm this in store and raise an invoice for the Products.
5.1.5. Once we have taken payment for the Products, a legally binding contract will be in place between you and us and we will hand the Products over to you.
- ORDERING PRODUCTS OVER THE PHONE
6.1 Below, we set out how a legally binding contract between you and us is made
6.1.1 Any quotation given by us before you make an order for Products is not a binding offer by us to supply such Products.
6.1.2 When you decide to place an order for Products with us, this is when you offer to buy such Products from us.
6.1.3 When you place your order with our representative over the telephone either on +44 (0)23 9298 3702 (Mon-Fri 9am-5pm), you will be asked if you have an existing Customer Account with us. We may ask for your personal details to set up a Customer Account if you do not have an existing account, this will either be a weekly or monthly account. At this stage, we will not have accepted your order.
6.1.4 We may not be able to accept your order for the reasons set out in clause 4.6.
6.1.5 Our representative will explain over the phone that your order is subject to these terms and conditions and will inform you where you can access a copy of these terms and conditions. By proceeding with your order, you are agreeing to be bound by these terms and conditions.
6.1.6 We will take the payment over the phone and verbally confirm the delivery date of the Products. At this point a legally binding contract will be in place between you and us.
6.1.7 An invoice for the Products will be included with the Products that we dispatch to you and we will be emailed a copy of these terms and conditions.
- PRICE & PAYMENT
7.1 We accept payment by Bank Transfer.
7.2 The price for the Products does not include:
7.2.1. Any Value Added Tax (VAT) or other applicable sales tax or duty.
7.2.2 The cost of delivering the Products. Delivery options and costs are presented to you before you place your order.
7.3 Where you have a monthly account with us or are placing an order with us, all invoices must be paid by you within 30 days from the end of the month in which the invoice was raised.
7.4 If you fail to make any payment on the due date then, without limiting any other right or remedy available to us, we may:
7.4.1. Cancel the particular contract or suspend any further deliveries to you under that or any other contract between you and us;
7.4.2. Appropriate any payment made by you to such of the Products (or the Products supplied under any other contract between the you and us) as we may think fit (notwithstanding any purported appropriation by you); and
7.4.3. Charge you interest (both before and after any judgment) on the amount unpaid at the rate of 2 per cent per month until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).
7.5.4. We shall be entitled to recover from you all costs we incur in recovering any outstanding amount from you.
- NATURE OF PRODUCTS
8.1 You have the legal right to Products that meet the following criteria:
8.1.1 are of satisfactory quality;
8.1.2 are fit for purpose;
8.1.3 match their description, sample or model
8.2 We must provide you with Products that comply with your legal rights.
will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.
- DELIVERY OF PRODUCTS – PLEASE READ CAREFULLY
9.1 We use our own vehicles for local deliveries of our Products and a courier service for more distant deliveries.
9.2 The estimated date for delivery of the Products is set out in the Dispatch email sent out to you or will be verbally communicated to you.
9.3 If something happens which
9.3.1. is outside of our control; and
9.3.2. affects the estimated date of delivery;
we will let you have a revised estimated date for delivery of the Products.
9.4 Delivery of the Products will take place when we deliver them to the address that you gave to us.
9.5 If nobody is available to take delivery, please contact us using the contact details at the top of this document.
9.6 Risk of damage to or loss of the Products shall pass to you at the time of delivery or, if you wrongfully fail to take delivery of the Products, at the time when we have tendered delivery of the Products. Delivery of the Products shall take place at your premises unless otherwise agreed.
9.7 We shall use all reasonable endeavours to deliver each of your orders for the Products on the dates specified in the order, but the time of delivery shall not be of the essence unless previously agreed in writing.
9.8 You shall within 12 hours of the arrival of each delivery of the Products at your premises notify us of any defect or by reason of which you allege that the Products delivered have been damaged in transit and which should be apparent on reasonable inspection.
9.9 If you fail to give such a notice then you shall be deemed to have accepted the delivery of the Products in question and we shall have no liability to you with respect to that delivery.
9.10 If you reject any delivery of the Products within the time specified we shall, as soon as reasonably practical after being requested to do so by you, supply replacement Products (in which event we shall not be deemed to be in breach of these terms and conditions or have any liability to the you).
- EFFECTS OF CANCELLATION – PLEASE READ CAREFULLY
11.1 If you cancel this contract, we will keep all deposit payments received from you.
- RESERVATION OF TITLE
12.1 Notwithstanding delivery and the passing of risk in the Products, or any other provision in these terms and conditions, the property in the Products shall not pass to the you until we have received in cash or cleared funds payment in full of the price of the Products and all other goods agreed to be sold by the us to you for which payment is then due.
12.2 Until such time as the property in the Products passes to you, you shall hold the Products as our fiduciary agent and bailee and shall keep the Products separate from any other goods of yours and those of third parties and properly stored, protected and insured and identified as our property, but you may use the Products in the ordinary course of your business.
12.3 Until such time as the property in the Products passes to you (and provided the Products are still in existence), we may at any time require the you to deliver up the Products to us and, if you fail to do so immediately, enter on to your premises or the premises of any third party where the Products are stored and repossess the Products.
12.4 For the avoidance of doubt this section 14 shall apply equally to Products which form part of consignment stock held on the premises.
13.1 We warrant that the Products will correspond with their description at the time of delivery.
13.2 The above warranty shall be subject to us being under no liability in respect of any defect arising from failure to follow the manufacturer’s instructions, failure to store the Products in appropriate conditions, or use of Products in abnormal working conditions.
13.3 We shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Products has not been paid by the due date for payment.
13.4 Subject to the above, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
- CLAIMS & LIABILITY – PLEASE READ CAREFULLY
14.1 A claim by you which is based on any defect in the quality or condition of the Products or their failure to correspond with specification shall (whether or not delivery is refused by you) be notified to the us within 30 days from the date of delivery. If delivery is not refused, and you do not notify us accordingly, we shall not be entitled to reject the Products and we shall have no liability for such defect or failure, and you shall be bound to pay the price as if the goods had been delivered in accordance with the particular contract.
14.2 Where a valid claim in respect of any Products which is based on defect in the quality or condition of the Products or their failure to meet specification is notified to us in accordance with these terms and conditions, we may replace the faulty part free if within the 12 month warranty.
14.3 We shall not be liable to you or be deemed to be in breach of any particular contract by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the Products, if the delay or failure was due to any cause beyond our reasonable control. Without limiting the foregoing, the following should be regarded as causes beyond our reasonable control:
14.3.1. An act of God; explosion, flood, tempest, fire or accident; war or threat of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority; imports or exports regulations or embargoes; strikes, lock outs or other industrial actions or trade disputes (whether involving employees of the Supplier or of a third party); difficulties in obtaining raw materials, or power failure or break down in machinery.
14.4 Except in respect of death or personal injury caused by the our negligence, or liability for defective products, we shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the expressed terms of the particular contract, for loss of profit or loss of business or contracts, or loss of anticipated savings nor for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of us, our employees or agents or otherwise) which arise out or in connection with the supply of the Products (including any delay in supplying or any failure to supply the Products in accordance with the particular contract or at all) or their use or resale by you, and the our entire liability under or in connection with the particular contract shall not exceed the price of the particular Products the subject matter of the particular contract, except as expressly provided in these terms and conditions.
14.5 Without limiting any other right or remedy available to us, we shall be entitled immediately to cancel or terminate any contract or order for the supply of Products to you by written notice to you if:
14.5.1. you commit any breach of any of the provisions of that contract or order;
14.5.2. an encumbrancer takes possession or a receiver is appointed over any of your property or assets.
14.5.3. you make any voluntary arrangement with your creditors or enter into administration;
14.5.4. you enter into liquidation (except for the purposes of an amalgamation, reconstruction or other reorganisation of a solvent company and in such manner that the company resulting from the reorganisation effectively agrees to be bound by or to assume the obligations on that other party under that contract or order);
14.5.5. you cease, or threaten to cease, to carry on business.
- DATA PROTECTION
16.1 You are not entitled to assign, transfer or otherwise encumber any contract between us and you or any of its benefits or obligations under any such contract.
16.2 Any waiver by us of a breach of any provision of any contract in place between us and you shall not be considered as a waiver of any subsequent breach of the same or any other provision.
16.3 No one other than a party to this contract has any right to enforce a term in this contract.
16.4 We will try and resolve any disputes with you quickly and efficiently. If you are unhappy with the goods, our service or any other matter, please contact us as soon as possible.
16.4.1. Where we are unable to settle a dispute, we shall supply you with information regarding our alternative dispute resolution provider, CEDR, to resolve proceedings.
16.5 All contracts between the us and you for the supply of Products will be governed by and construed in accordance with the laws of England and Wales and the English courts shall have exclusive jurisdiction in relation to any dispute arising out of or in connection with any such contract.